If you were injured in a crash caused by a drunk driver, you may be dealing with much more than a damaged vehicle.
You may be hurt, missing work, facing medical bills, and trying to figure out what happens next. You may also be wondering whether the driver will be arrested, whether insurance will cover your losses, or whether you need to wait for the DUI case to be resolved.
It’s important to understand that a criminal DUI case and your personal injury claim are two separate matters. You may have a civil claim for medical expenses, lost income, pain and suffering, property damage, and other losses. In some South Carolina drunk driving cases, punitive damages may also be available.
And if the driver was drinking at a bar, restaurant, or other establishment before the crash, there may be another potential source of recovery.
The most important thing is understanding your options and preserving evidence early.
Key Takeaways
- A DUI case is not the same as a personal injury claim. The State prosecutes the driver. Your civil claim seeks compensation for the harm you suffered.
- Your claim may include more than medical bills. Lost wages, future medical care, pain and suffering, emotional distress, and other losses may also be considered.
- Punitive damages may be available. South Carolina removes the normal punitive-damages cap in certain cases involving impairment from alcohol or drugs.
- A bar or restaurant may potentially share responsibility. South Carolina’s dram shop laws address situations where alcohol is served to a visibly intoxicated person or someone under 21.
- Evidence can disappear quickly. Surveillance footage, receipts, BAC records, and witness information may become difficult to obtain if action isn’t taken promptly.
The DUI Case Is Not Your Injury Claim
One of the biggest misconceptions after a drunk driving crash is thinking the criminal case will take care of everything. It won’t.
The State of South Carolina may prosecute the driver for DUI. That case is about holding the driver criminally accountable for violating the law.
Your civil injury claim, also called a civil case, is different. It is your opportunity to seek compensation for the injuries and losses caused by the crash.
The two cases can move forward separately. A driver could be charged with DUI while you pursue a personal injury claim at the same time. And if the criminal charge is reduced or dismissed, that does not eliminate your right to pursue a civil claim.
The standards of proof are also different. A criminal case requires proof beyond reasonable doubt. A civil claim generally relies on the greater weight of the evidence.
Bottom line: Don’t assume the outcome of the DUI case determines what happens with your injury claim.
What Financial Damages Am I Entitled to Claim?
If another driver’s intoxication caused your injuries, you may be able to seek compensation for several different types of losses.
Depending on the circumstances, that may include:
- Emergency treatment and other medical expenses
- Future medical care and rehabilitation
- Lost income
- Reduced future earning capacity
- Pain and suffering
- Emotional distress
- Property damage
- Loss of enjoyment of life
For a serious injury, the financial impact can extend well beyond the first hospital bill.
A traumatic brain injury, spinal cord injury, or permanent disability could require ongoing treatment and affect your ability to work, care for your family, or enjoy activities you once took for granted.
That’s why a claim should account for both what you’ve already lost and how the injury could affect you in the future.
Could You Receive Punitive Damages?
Drunk driving cases can be different from ordinary car accident claims when it comes to punitive damages. South Carolina generally places limits on punitive damages. However, there is an important exception when a defendant was under the influence of alcohol or drugs to the degree that their judgment was substantially impaired.
When that standard is met, the normal punitive-damages cap can be removed.
Punitive damages are intended to punish particularly reckless or egregious conduct rather than compensate you for your losses. They are not automatic. They must be specifically requested in the lawsuit, and clear and convincing evidence must establish that the defendant’s conduct was reckless, not simply negligent (i.e., careless).
Evidence of significant impairment, high BAC, or other particularly reckless conduct may become important.
What If the Driver Was Drinking at a Bar or Restaurant?
You may also be asking: “Can I sue the place that served the driver?”
Potentially. South Carolina’s Dram shop laws are criminal statutes that, if violated, allow an injured person to pursue a claim against a bar, restaurant, nightclub, or other establishment that served alcohol to an underage and/or a grossly intoxicated person who later caused a crash.
But simply showing that the driver had been drinking at a particular establishment isn’t necessarily enough.
A claim may involve evidence showing that:
- The establishment over-served alcohol to the driver
- The driver displayed visible signs of intoxication, and/or
- The establishment knew or should have known the person was intoxicated; and
- The illegal service or sale of alcohol contributed to the crash and resulting injuries
2026 Dram Shop Laws in South Carolina
South Carolina’s Dram shop framework changed significantly on January 1, 2026. One important change involves the “knew or should have known” standard. The issue is whether the establishment knew or should have known the person was intoxicated based on visible signs.
This update may also limit an establishment’s liability for over-service to a percentage of your actual damages. There were also changes involving liquor liability insurance requirements and server training.
For someone injured by a drunk driver, the practical takeaway is simple:
If you believe the driver was drinking at a bar or restaurant before the crash, identifying that establishment as soon as possible can be critical. That information could become important to the investigation.
Why Documented Evidence is So Important
When you’re sitting in an emergency room after a crash, preserving evidence probably isn’t your first thought.
But some evidence doesn’t last forever. A bar’s surveillance video may eventually be deleted. Receipts and transaction records can become harder to obtain. Witnesses can forget details. Other records may disappear.
Potentially important evidence can include:
- The police crash report
- BAC and toxicology results
- Medical records
- Photographs of the crash and your injuries
- Witness names and contact information
- Dashcam or traffic-camera footage
- Bar tabs and credit card receipts
- Restaurant or bar surveillance footage
- Server and training records
When a bar or restaurant is involved, our attorneys may be able to send a preservation letter requesting that potentially relevant records and video be maintained.
This is one reason you shouldn’t assume that you can wait weeks or months to start gathering evidence after the crash just because the general lawsuit deadline may be longer.
What Should You Do After a Drunk Driving Crash?
First and foremost, focus on your health and safety. Then, as soon as possible, take the steps below to protect your claim and your rights.
1. Call 911
Make sure law enforcement responds to the crash. The police report and the officer’s observations can become important evidence.
2. Get Medical Treatment
Even if you initially feel okay, injuries may be masked by adrenaline. Getting evaluated promptly is important. Some injuries aren’t immediately obvious, and medical records can help establish the connection between your injuries and the crash.
3. Document the Scene
If you are able, photograph your vehicle, the other vehicle, the roadway, debris, visible injuries, and surrounding conditions. Get witness contact information when possible.
4. Find Out Where the Driver Was Drinking
If you learn that the driver came from a bar, restaurant, party, or other establishment, write down what you know. Even seemingly minor details could become important later.
5. Preserve Digital Evidence
Keep original dashcam footage, photographs, videos, messages, or other information related to the crash.
6. Be Careful with Insurance Companies
Insurance companies may contact you quickly. Before talking to them, consider speaking with one of our attorneys about your circumstances.
Could You Be Blamed for the Crash?
Even when the other driver was drunk, don’t assume the insurance company will simply accept responsibility, and don’t assume your own insurance company is on your side. South Carolina follows a modified comparative negligence system. Your recovery can be reduced by your percentage of potential fault. If you are found by the court to be more than 50% responsible, you get nothing.
An insurer might argue that you were speeding, distracted, improperly positioned in your lane, or otherwise contributed to the collision. This is another reason to involve one of our attorneys to protect your rights.
Evidence from the scene can help establish what actually happened. Photographs, witness statements, dashcam footage, traffic-camera footage, and the police investigation may all become relevant.
How Long Do You Have to File a Claim?
The general statute of limitations for personal injury and wrongful death claims in South Carolina is three years from the date of the incident. However, exceptions can apply, and certain circumstances may create a shorter deadline.
There’s another important distinction to remember: The deadline for filing a lawsuit is not the same as the deadline for preserving evidence. You may have years to file a claim, but surveillance video or other evidence could disappear much sooner. That’s why getting the crash investigated early can make a huge difference.
When Should You Talk to a South Carolina Injury Lawyer?
As soon as possible. A drunk driving crash can involve questions that don’t arise in a typical accident.
You may need to determine:
- Whether punitive damages may apply
- Whether a bar or restaurant may share responsibility
- What insurance coverage is available
- What evidence needs to be preserved
- Whether the other side may try to blame you
- How your injuries could affect your future medical care and income
You don’t have to figure all of this out on your own.
An experienced Bringardner attorney can investigate the crash, identify potentially responsible parties, preserve evidence, and help determine what compensation may be available.
Frequently Asked Questions
1. Can I sue a drunk driver if the DUI case is dismissed?
Yes. A criminal DUI prosecution and a civil injury claim are separate proceedings. Your ability to seek compensation does not automatically depend on whether the driver is ultimately convicted of DUI.
2. Can I receive punitive damages after a drunk driving accident?
Potentially. South Carolina law provides an exception to the normal punitive-damages cap when a defendant was under the influence to the degree that their judgment was substantially impaired. Punitive damages must be specifically requested and require clear and convincing evidence of willful, wanton, or reckless conduct.
3. Can I sue the bar or restaurant that served the driver?
Potentially. South Carolina’s dram shop laws allow claims involving establishments that serve alcohol to underage and/or grossly intoxicated people when that intoxication contributes to a crash. The law changed January 1, 2026, including the “knew or should have known” requirement.
4. What evidence should I preserve after a drunk driving crash?
Everything related to the crash. Keep your medical records, photographs, witness information, the police report, and available video. If the driver was drinking at a business, surveillance footage, receipts, bar tabs, and server records may also be important.
5. How long do I have to file a drunk driving injury claim in South Carolina?
The general deadline for personal injury and wrongful death claims is three years, but exceptions can apply. Talk with one of our attorneys at Bringardner Injury Law Firm early enough to determine the deadline that applies to your situation and preserve important evidence.
Injured by a Drunk Driver? Find Out What Comes Next.
After a serious crash, you shouldn’t have to learn South Carolina injury law while you’re trying to recover. If a drunk driver injured you or someone in your family, start by understanding what happened, what evidence exists, and who may potentially be responsible.
Reviewed by Mark Bringardner, South Carolina trial attorney, and founder of Bringardner Injury Law Firm.
Bringardner Injury Law Firm represents injured people and families throughout South Carolina’s 46 counties. Call 843-400-0550 for a free consultation.*
*Free case evaluation refers to an initial consultation with no obligation. If the firm accepts you as a client and an attorney-client relationship is established, no fee unless you recover refers to attorney fees that are a percentage of and contingent on a financial recovery. Attorney fees are calculated on the amount recovered before case costs are deducted from the client’s proceeds. Bringardner Injury Law Firm advances case costs, and if no recovery is obtained, the client will not owe attorney fees or advanced case costs.
This article is provided for general informational purposes only and does not constitute legal advice. Reading or relying on this content does not create an attorney-client relationship. Every case is different, and past outcomes do not guarantee and should not suggest an expectation for the result of any other case.
